Self Employed

Current legislation does not allow the self-employed or individuals to apply for a DBS check on themselves, as they cannot ask an ‘exempted question’ of themselves. It is for the recruiting organisation asking the exempted question to assess an applicant’s suitability. However, a self-employed person can apply for a DBS check by registering with an agency. For example, nannies wanting a DBS check would register with an agency. The agency would be eligible to ask an exempted question in respect of these self-employed individuals, as the agency is making an assessment of the suitability and is deciding whether to place them on their books. In this example, if the agency is registered with the DBS it could countersign the application form, or could ask an umbrella body to countersign on their behalf. Alternatively, individuals are able to make a “subject access” request to their local police force under the provisions of the Data Protection Act 1998, which will provide up-to-date details of any criminal records in the UK.